National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 3)
I, Amanda Rishworth, Minister for Social Services, make the following declaration.
Dated 30 September 2024
Amanda Rishworth
Minister for Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 3).
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019
- Schedule 1 (at the end of the table)
Add:
| | |
93 | Y- Young Youth Services | New South Wales |
94 | Panorama Child Care Centre | South Australia |
95 | Pioneers Australia, Adelaide | South Australia |
96 | Queen’s College, Adelaide | South Australia |
97 | Pebbles and Bam Bam Child Care Centre | South Australia |
98 | Morialta Protestant Children’s Homes Inc | South Australia |
99 | Toorak Gardens Boys Hostel | South Australia |
100 | Morialta Children’s Home Inc | South Australia |
- Schedule 2 (at the end of the table)
Add:
| | |
114 | Olympia Gymnastics Club | Victoria |
115 | Doug Frost Swim School | New South Wales |
116 | Lyndon House | New South Wales |
117 | Y-Young Youth Services | New South Wales |
118 | Northcote Home | South Australia |
119 | Emergency Foster Care Incorporated | South Australia |
120 | Kurbingai Hostel | South Australia |
121 | Pebbles and Bam Bam Child Care Centre | South Australia |
122 | Morialta Protestant Children’s Homes Inc | South Australia |
123 | Toorak Gardens Boys Hostel | South Australia |
124 | Morialta Children’s Homes Inc | South Australia |
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 3) was enacted to amend the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019. This instrument, made by Amanda Rishworth, Minister for Social Services, under subsections 164(2) and 164A(2) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018, was introduced to address the gap in the scheme by expanding the list of institutions eligible for funding as Funders of Last Resort. This amendment aims to ensure that more victims of institutional child sexual abuse have access to the redress scheme by including additional institutions in the list of Funders of Last Resort, thereby broadening the scope of the scheme's coverage. The commencement of the instrument is scheduled for the day after its registration.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 3) applies to specific institutions identified within its schedules that have been recognised as funders of last resort for victims of institutional child sexual abuse. This legislation is a Commonwealth instrument, thus it applies across the nation and impacts upon the entities listed in its schedules, which include various childcare centres, youth services, and hostels across multiple states. The Act amends the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 to include additional institutions as potential funders of last resort, thereby extending the scope of the scheme to cover more victims of institutional child sexual abuse. The Act does not specify any exclusions or thresholds and its reach is limited to the entities explicitly listed within its schedules. The application of the Act may be further defined or extended through subordinate instruments as necessary.
Key Provisions
The main operative sections of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort) Declaration 2024 (No. 3) include the commencement provisions (section 2) and the amendments to the National Redress Scheme for Institutional Child Sexual Abuse (Funders of Last Resort) Declaration 2019 (Schedule 1 and Schedule 2). Section 2 stipulates that the instrument will commence on the day after it is registered, with any other details specified in the table provided. Schedule 1 lists additional institutions and entities that are now subject to the Scheme, while Schedule 2 outlines those that have been removed from the Scheme.
The obligations and requirements imposed by the Act on the parties and entities it governs include participation in the National Redress Scheme, which provides a process for survivors of institutional child sexual abuse to seek redress. The amended declarations add new institutions to the list of those required to participate in the Scheme, while removing others from the list. This ensures that the Scheme continues to operate effectively and that all relevant institutions are held accountable for their actions.
Breach of the provisions of this legislation can lead to various consequences, both civil and criminal, depending on the severity of the breach. For example, failure to comply with the requirements of the Scheme can result in civil penalties, such as fines or compensation orders. In more serious cases, criminal penalties may apply, such as imprisonment or fines, depending on the nature of the offence and the level of intent or negligence involved. The maximum penalties for breaches of the Act are not specified in the text provided, but they can be found in the relevant legislation.